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Minnesota Legislature

Office of the Revisor of Statutes

SF 2192

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/09/2014 11:38am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to environment; prohibiting and regulating certain lead and mercury
1.3products; modifying ban on formaldehyde in children's products; establishing
1.4Environmental Justice Act; prohibiting certain cleaning products containing
1.5triclosan;amending Minnesota Statutes 2012, sections 115A.932, subdivision
1.61; 116.92, subdivisions 4, 5, 6, 8j, by adding a subdivision; Minnesota Statutes
1.72013 Supplement, sections 325F.176; 325F.177; proposing coding for new law in
1.8Minnesota Statutes, chapters 116; 145.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.11read:
1.12    Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.13place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical
1.14or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
1.15other electrical mercury-containing device or product, as defined under section 116.92,
1.16subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.17(1) in solid waste; or
1.18(2) in a wastewater disposal system.
1.19(b) A person may not knowingly place mercury or a thermostat, thermometer,
1.20electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
1.21high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
1.22 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.23not been removed for reuse or recycling:
1.24(1) in a solid waste processing facility; or
1.25(2) in a solid waste disposal facility.
2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.2of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or
2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.4recycling facility, including, but not limited to, a household hazardous waste collection
2.5or recycling facility, retailer take-back and utility provider program sites, or other sites
2.6designated by an electric utility under section 216B.241, subdivisions 2 and 4.

2.7    Sec. 2. [116.861] CITATION.
2.8Sections 116.861 to 116.863 may be cited as the "Environmental Justice Act."

2.9    Sec. 3. [116.862] DEFINITIONS.
2.10For purposes of sections 116.861 to 116.863:
2.11(1) "agency" means the Pollution Control Agency;
2.12(2) "commissioner" means the commissioner of the Pollution Control Agency; and
2.13(3) "environmental justice" means the fair treatment and meaningful involvement
2.14of people of all races, cultures, and income levels in the development, adoption,
2.15implementation, and enforcement of environmental laws and policies.

2.16    Sec. 4. [116.863] CREATION AND IMPLEMENTATION OF
2.17ENVIRONMENTAL JUSTICE POLICY.
2.18(a) It is the policy of the state to ensure that communities are afforded fair treatment
2.19and meaningful involvement in environmental decision making regardless of race, color,
2.20ethnicity, religion, income, or education level.
2.21(b) The agency shall develop, adopt, and implement an environmental justice policy
2.22that promotes fair treatment and meaningful involvement of all people, regardless of race,
2.23color, ethnicity, religion, income, or education level.
2.24(c) The agency's environmental justice policy shall:
2.25(1) include procedures and criteria for evaluating environmental and demographic
2.26information to highlight areas of potential concern for environmental justice;
2.27(2) identify procedures and steps that the agency will take during permitting,
2.28environmental review, rulemaking, and other actions to identify and remove barriers to
2.29the meaningful involvement of all citizens in areas with potential environmental justice
2.30concerns. The procedures shall include processes for evaluating language proficiencies
2.31within a community and determining actions to take to ensure meaningful access and
2.32communication;
3.1(3) develop ways to identify disproportionate environmental and human health
3.2impacts that may affect a given community as a result of pollution from multiple sources
3.3over time;
3.4(4) develop procedures to integrate awareness of disproportionate environmental
3.5and human health impacts into the agency's decision-making with respect to permitting,
3.6compliance and enforcement, environmental review, environmental monitoring and
3.7analysis, and other agency functions. Such procedures may include guidance, checklists,
3.8best practices, and voluntary reductions in pollutants by other facilities;
3.9(5) include plans to coordinate the agency's environmental justice efforts with
3.10other state agencies and the federal Environmental Protection Agency to accomplish
3.11the agency's environmental justice policy;
3.12(6) examine how to develop measures to evaluate progress and the effectiveness of
3.13the agency's environmental justice policy; and
3.14(7) identify any additional resources or statutory changes needed to implement
3.15the agency's environmental justice policy.
3.16(d) The agency's environmental justice policy shall be completed and submitted
3.17to the chairs and ranking minority members of the senate and house committees with
3.18jurisdiction over environmental policy and finance by June 30, 2015.

3.19    Sec. 5. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
3.20    Subd. 4. Removal from service; products containing mercury. (a) When an item
3.21listed in subdivision 3 this section is removed from service, the mercury in the item must
3.22be reused, recycled, or otherwise managed to ensure compliance with section 115A.932.
3.23(b) A person who is in the business of replacing or repairing an item listed in
3.24subdivision 3 this section in households shall ensure, or deliver the item to a facility that
3.25will ensure, that the mercury contained in an item that is replaced or repaired is reused or
3.26recycled or otherwise managed in compliance with section 115A.932.
3.27(c) A person may not crush a motor vehicle unless the person has first made a good
3.28faith effort to remove all of the mercury switches in the motor vehicle.
3.29(d) An item managed according to the requirements of this section must be
3.30transported in a container designed to prevent the escape of mercury into the environment
3.31by volatilization or any other means.

3.32    Sec. 6. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
3.33    Subd. 5. Thermostats. (a) The definitions in this paragraph apply to this subdivision:
4.1(1) "contractor" means a person engaged in the business of installing, servicing, or
4.2removing thermostats and other heating, ventilation, and air conditioning components,
4.3including a contractor removing thermostats in conjunction with renovation and
4.4demolition activities in accordance with Minnesota Rules, part 7035.0805;
4.5(2) "qualified contractor" means a contractor:
4.6(i) who employs seven or more service technicians or installers;
4.7(ii) who is located in an area outside of an urban area, as defined by the United
4.8States Census Bureau; or
4.9(iii) whose primary business consists of renovation and demolition activities;
4.10(3) "retailer" means a person who sells thermostats of any kind directly to
4.11homeowners or other end-users through any selling or distribution mechanism;
4.12(4) "thermostat" means a temperature control device that may contain elemental
4.13mercury in a sealed component that serves as a switch or temperature-sensing element and
4.14a sealed component that has been removed from such a temperature control device; and
4.15(5) "wholesaler" means a person engaged in the distribution and wholesale sale of
4.16thermostats and other heating, ventilation, and air conditioning components to contractors
4.17who install heating, ventilation, and air conditioning components.
4.18(b) A manufacturer of thermostats that contain mercury or that may replace
4.19thermostats that contain mercury is responsible for the costs of collecting and managing
4.20the replaced mercury-containing thermostats to ensure that the thermostats do not become
4.21part of the solid waste stream.
4.22(c) A manufacturer of thermostats that contain mercury or that may replace
4.23thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
4.24provide incentives for and sufficient information to purchasers and consumers of the
4.25thermostats for the purchasers or consumers to ensure that mercury in thermostats being
4.26removed from service is reused or recycled or otherwise managed in compliance with
4.27section 115A.932. A manufacturer that has complied with this subdivision is not liable for
4.28improper disposal by purchasers or consumers of thermostats.
4.29(d) A manufacturer of thermostats subject to this subdivision, or an organization
4.30of manufacturers of thermostats and its officers, members, employees, and agents, may
4.31participate in projects or programs to collect and properly manage waste thermostats.
4.32Any person who participates in such a project or program is immune from liability
4.33under state law relating to antitrust, restraint of trade, unfair trade practices, and other
4.34regulation of trade or commerce for activities related to the collection and management
4.35of the thermostats under this subdivision.
5.1(e) A manufacturer of thermostats or organization of manufacturers of thermostats
5.2that participates in a thermostat collection and management program under this subdivision
5.3must report at least annually to the agency. The report must include:
5.4(1) a description of how the program operates;
5.5(2) a description of program components, including incentives provided under this
5.6subdivision, and an evaluation of the program components' effectiveness in promoting
5.7participation and recovery of thermostats;
5.8(3) eligibility criteria for program participants;
5.9(4) a list of program participants; and
5.10(5) the number of thermostats remitted by each program participant during the
5.11reporting period.
5.12(f) A wholesaler, qualified contractor, or retailer may participate as a collection site
5.13in a manufacturer's mercury thermostat collection and management program required
5.14under this subdivision. A wholesaler or retailer that participates as a collection site
5.15in a manufacturer's mercury thermostat collection and management program shall post
5.16prominent signs at such wholesaler's or retailer's business location regarding the collection
5.17and management of mercury thermostats.

5.18    Sec. 7. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
5.19    Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
5.20retailer may not sell or distribute at no cost a thermometer containing mercury that was
5.21manufactured after June 1, 2001.
5.22(b) Paragraph (a) does not apply to:
5.23(1) an electronic thermometer with a battery containing mercury if the battery is in
5.24compliance with section 325E.125;.
5.25(2) a mercury thermometer used for food research and development or food
5.26processing, including meat, dairy products, and pet food processing;
5.27(3) a mercury thermometer that is a component of an animal agriculture climate
5.28control system or industrial measurement system until such time as the system is replaced
5.29or a nonmercury component for the system is available; or
5.30(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
5.31equipment, unless a nonmercury calibration standard is approved for the application by
5.32the National Institute of Standards and Technology.
5.33(c) A manufacturer is in compliance with this subdivision if the manufacturer:
5.34(1) has received an exclusion or exemption from a state that is a member of the
5.35Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
6.1parts when no alternative is available or for an application when no feasible alternative is
6.2available;
6.3(2) submits a copy of the approved exclusion or exemption to the commissioner; and
6.4(3) meets all of the requirements in the approved exclusion or exemption for the
6.5manufacturer's activities within the state.

6.6    Sec. 8. Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read:
6.7    Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions 6
6.8and 8b to 8g do not apply if a thermometer, switch, relay, or measuring device is used
6.9to replace a thermometer, switch, relay, or measuring device that is a component of a
6.10larger product in use prior to January 1, 2008, provided the owner of that equipment has
6.11made every reasonable effort to determine that no compatible nonmercury replacement
6.12component exists an industrial measurement system or control system until the system is
6.13replaced or a nonmercury component for the system is available. The owner of the system
6.14shall notify the commissioner within 30 days of replacing the component and identify the
6.15replacement mercury component that was installed.

6.16    Sec. 9. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
6.17read:
6.18    Subd. 8k. Ban; mercury in balancing and dampening products and
6.19equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
6.20mercury-containing product or mercury-containing equipment that is used for balancing,
6.21dampening, or providing a weight or counterweight function.
6.22EFFECTIVE DATE.This section is effective January 1, 2015.

6.23    Sec. 10. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
6.24AND MERCURY PROHIBITION.
6.25    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
6.26have the meanings given.
6.27(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
6.28by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
6.29ground, in the water, or in the air.
6.30(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
6.31a person except a distributor, wholesaler, or motor vehicle dealer for resale.
6.32    Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
6.33aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
7.1or aircraft wheels if the weight or other balancing product contains lead or mercury that
7.2was intentionally added during the manufacture of the product.
7.3    Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
7.4or other products for balancing motor vehicle or aircraft wheels if the weight or other
7.5balancing product contains lead or mercury that was intentionally added during the
7.6manufacture of the product.
7.7    Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
7.8aircraft that is equipped with a weight or other product for balancing wheels if the weight
7.9or other balancing product contains lead or mercury that was intentionally added during
7.10the manufacture of the product.
7.11    Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
7.12crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
7.13or any portion thereof, without:
7.14(1) inspecting the vehicle or equipment; and
7.15(2) removing all weights or other products for balancing wheels or other equipment
7.16if the weights or balancing products contain lead or mercury that was intentionally added
7.17during the manufacture of the weights or balancing products.
7.18    Subd. 6. Management of wheel weights and balancing products. Mercury in
7.19wheel weights and other balancing products for motor vehicle and aircraft wheels must
7.20be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
7.21ensure that it does not become part of the solid waste stream and is not released to the
7.22environment. Lead in wheel weights and other balancing products for motor vehicle and
7.23aircraft wheels must be recycled to ensure that it does not become part of the solid waste
7.24stream and is not released to the environment.
7.25    Subd. 7. Educational materials; outreach. Prior to the effective date of this
7.26section, the agency shall produce and distribute educational materials on the prohibitions
7.27required under this section to businesses subject to the prohibitions and shall conduct
7.28additional outreach and education activities to those businesses.
7.29EFFECTIVE DATE.This section is effective January 1, 2016.

7.30    Sec. 11. [145.945] CERTAIN SALES OF CLEANING PRODUCTS
7.31PROHIBITED.
7.32    Subdivision 1. Prohibition. In order to prevent the spread of infectious disease and
7.33avoidable infections and to promote best practices in sanitation, no person shall offer
7.34for retail sale in Minnesota any cleaning product that contains triclosan and is used by
7.35consumers for sanitizing or hand and body cleansing.
8.1    Subd. 2. Exception. The prohibition in subdivision 1 shall not apply to individual
8.2products for which specific United States Food and Drug Administration approval for
8.3consumer use has been secured.
8.4EFFECTIVE DATE.This section is effective January 1, 2017.

8.5    Sec. 12. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
8.6325F.176 DEFINITIONS.
8.7(a) For the purposes of sections 325F.176 to 325F.178, the following terms have
8.8the meanings given them.
8.9(b) "Child" means a person under eight years of age.
8.10(c) "Children's product" means a product primarily designed or intended by a
8.11manufacturer to be physically applied to or introduced into a child's body, including any
8.12article used as a component of such a product and excluding a food, beverage, dietary
8.13supplement, pharmaceutical product or biologic, children's toys that are covered by the
8.14ASTM International F963 standard for Toy Safety, or a medical device as defined in
8.15the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
8.16as amended through February 15, 2013.
8.17(d) "Intentionally added chemical" means a chemical in a product that serves an
8.18intended function in the product.

8.19    Sec. 13. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
8.20325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
8.21(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
8.22sale in this state a children's product that intentionally contains:
8.23(1) formaldehyde, including formaldehyde contained in a solution; or
8.24(2) intentionally added chemical ingredients that chemically degrade under normal
8.25conditions of temperature and pressure to release free formaldehyde at levels exceeding a
8.26de minimis level of 0.05 percent.
8.27(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
8.28children's product that intentionally contains:
8.29(1) formaldehyde, including formaldehyde contained in a solution; or
8.30(2) intentionally added chemical ingredients that chemically degrade under normal
8.31conditions of temperature and pressure to release free formaldehyde at levels exceeding a
8.32de minimis level of 0.05 percent.